Discovery Rapid Fire

Question 1

What must parties provide within 14 days after the meeting unless otherwise ordered?

Answer 1

Names, addresses, and telephone numbers of individuals likely to have discoverable information

This information is needed to support claims or defenses, unless solely for impeachment.

Question 2

What are the types of documents are required at during the Initial Disclosure Phase?

Answer 2

1. Copies or descriptions of documents and tangible things
2. Computation of damages claimed
3. Copies of insurance agreements

These disclosures must be in the possession or control of the disclosing party.

Question 3

True or False: Initial Disclosures must be made within 28 days after the meeting.

Answer 3

False

Disclosures must be made within 14 days, not 28.

Question 4

What is the general rule regarding work product in anticipation of litigation?

Answer 4

It is not discoverable unless there is substantial need and undue hardship.

Work product includes documents or tangible things made by a party or representative.

Question 5

What types of work product are discoverable?

Answer 5

1. Not made in anticipation of litigation
2. Relevant to the litigation

This means that work product can be obtained under certain circumstances.

Question 6

What is the status of a letter from a nontestifying expert?

Answer 6

It is nondiscoverable unless exceptional circumstances are shown.

This applies regardless of whether the expert was formally retained.

Question 7

What defines an expert in the context of litigation?

Answer 7

A person with knowledge, skill, experience, training, or education in a particular field.

Their opinion is discoverable if intended to be called as a trial witness.

Question 8

Under what conditions is the opinion of a consulting expert discoverable?

Answer 8

Generally, Not allowed UNLESS Only upon showing of exceptional circumstances.

These circumstances must make it impracticable to obtain facts or opinions by other means.

Question 9

What is the criteria for a report to be discoverable?

Answer 9

It must be relevant, proportional to the needs of the case, and not prepared in anticipation of litigation.

This includes reports prepared in the ordinary course of business.

Question 10

What is the sufficient answer when information can be found in business records?

Answer 10

Provide the serving party reasonable opportunity to examine the records.

This applies when the burden of finding the information is similar for both parties.